Practice Area

Satellite Dish Rights in HOA — The FCC OTARD Rule

FCC OTARD Rule · 47 C.F.R. § 1.4000

Situation — How This Comes Up

My HOA is trying to force me to remove my satellite dish.

What You Need to Know First

The FCC’s Over-the-Air Reception Devices (OTARD) rule preempts HOA restrictions that prevent, unreasonably delay, or unreasonably increase the cost of installing a satellite dish one meter or smaller. Federal law supersedes the HOA’s authority here.

Full Analysis

The FCC’s OTARD rule under 47 C.F.R. § 1.4000 preempts local and HOA restrictions that impair the installation, maintenance, or use of satellite dishes one meter or less in diameter on property within the exclusive use or control of the antenna user.

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